Selasa, 31 Juli 2012

Judge chides Samsung for handing nixed evidence to media

After a judge denied the company's request to present evidence that it's phone design predates the iPhone, the South Korean manufacturer releases the information to the media.

July 31, 2012 4:55 PM PDT

(Credit: Samsung)

The lawsuit between two of the world's biggest phone makers continues with Samsung pushing excluded evidence outside of the courtroom and into the public -- and geting a wrist slap for it.

Following the testimony of Apple SVP Phil Schiller, Apple's counsel pointed out to Judge Lucy Koh that Samsung had leaked excluded evidence and a statement to the media.

Koh, audibly irritated, told Samsung to file a brief explaining who drafted it, as well as who authorized it from Samsung's legal team

In an e-mail sent earlier today, Samsung said it would have presented evidence today that Sony's designs predates Apple's ideas for the iPhone, but a judge denied the company's request.

In response, the South Korean manufacturer has decided to release their evidence to the media: two slides showing Samsung phone designs and an excerpt from the deposition of former Apple designer Shin Nishibori, who said previously that he would not testify in court.

A Samsung spokesman issued this statement along with the slides:

The Judge's exclusion of evidence on independent creation meant that even though Apple was allowed to inaccurately argue to the jury that the F700 was an iPhone copy, Samsung was not allowed to tell the jury the full story and show the pre-iPhone design for that and other phones that were in development at Samsung in 2006, before the iPhone. The excluded evidence would have established beyond doubt that Samsung did not copy the iPhone design. Fundamental fairness requires that the jury decide the case based on all the evidence.

(Josh Lowensohn of CNET contributed to this report).

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